gave us a few of his own. 3:00 for that. make it a great weekend. "happening now" will start now. jenna: right off the top, fox news alert for you and a little more on what bill hemmer was just talking about. we're awaiting the president's first solo news conference since april. he will take questions from reporters around 3:00 eastern time on a slew of very, big, hot issues. throughout our show we'll take your questions. we want to know if you had the chance what would you ask president obama at his news conference today? tweet your questions to@happening now or eel mail us at happening now and we'll read some of your responses throughout the show. brand new stories and breaking us. >> indeed. new evidence potentially evidence on the deadly maris virus. what scientists know about the the illness. day four of the trial of

reputed gangster, "whitey" bulger. he is accused of playing a role in at least 19 murders. our legal panel will be here to discuss the case. behind the scenes at the white house. a new film about the butter out next week. you have to say and watch this. you've got to. this will be great. jenna: we're speaking to the author of the book the movie is based on. it is all happening now. kelly: there is a new terror threat for americans in pakistan. i'm kelly wright in for jon scott. jenna: our consulate in the city of lahore is at least closed through sunday as a precaution. the state department is warning americans not to travel to pakistan at least for the time being. greg palkot is live in the london bureau with more. gregg? >> reporter: jenna we've been in

contact with officials at the u.s. embassy in islamabad, pakistan, and they confirm what they call a drawdown of non-emergency personnel from their consulate in lahore, pakistan. that is a city 180 miles to the southeast of islamabad near the border of india. those staffers were brought back to the capitol. they confirmed it was due to a specific threat against that facility. we've been to lahore. it's a lovely city but there are a lot of very ugly islamist ideologies based in that town. in fact countrywide, pakistan has been seeing a lot of violence in the past couple of weeks. in southwestern pakistan city of quetta today six people were killed when a gunman struck out at a government official outside of a mosque yesterday. there was 30 people killed in a suicide bomber hit there. of quetta, near the afghanistan border, is a base for the taliban and it, pakistan itself, the base for al qaeda central.

and its current leader ayman al-zawahiri. the state department today however saying there is no connection between the closure of that consulate in lahore and the shutdown of u.s. diplomatic facilities that we have seen across the muslim world in this past week. one thing in common though, today is the muslim feast day of eid. that ends their ramadan month of fasting. the thinking is, that perhaps one of these religious days could be a trigger for a terror attack somewhere. now most of the diplomatic facilities that had been closed in the past week are going to be opening in the next couple of days but we have been told today that the u.s. consulate in lahore will remain closed for the foreseeable future. also, the warning against any kind of travel, into pakistan by u.s. citizens. that warning put out by the state department in the last 24 hours. that will beholding as well. because in their words, terror groups inside pakistan, that

might provide a danger to u.s. citizens in that country. tricky part of the world, jenna. back to you. jenna: a little bit of deja vu, greg. last friday last week we had a similar warnings of a few other consulates and a few other embassies and now as we go into this weekend. something to watch. thank you. >> reporter: thank you. kelly: right now we're waiting the president's first news conference since april. mr. obama will meet with reporters this afternoon. before he begins a week-long family vacation. among the likely topics today, obamacare, the nsa, the terror threat overseas and our bumpy relationship with russia. joining me now for her take on what to expect today is monica crowley, fox news contributor. monica, always good to have you with us here on "happening now." the president, he is facing some questions today from the quote, unquote, news media as opposed to what he did the other night on tuesday with jay leno which is a softer approach. what do you think he is going to face today?

>> actually jay leno asked him tougher questions. kelly: good for jay leno. >> sometimes than we see from the white house press corps, right? the president does in press conferences. he runs out the clock and take a question and tends to filibuster. i have a feeling this press conference lasts about an hour which is usually the time frame, he will run out the clock and run out the door to his vacation. i expect he will get a couple questions on nsa. for example he told jay leno earlier this week that the u.s. does not have a domestic spying program yet "the new york times" report this is week the fact of extent on spying of american citizens is much more extensive than anybody thought. that the nsa is looking at content of your emails, texts and phone calls. i expect him to get a couple questions about that and also about al qaeda and this terror threat. kelly: the caveat with that eavesdropping now on our data and our emails that it is related to someone who might be involved in terrorism or overseas. let's get to edward snowden

though, the guy actually responsible for a lost leaks at the nsa. let's hear what jay carney, the white house press secretary said during the white house briefing about that and the fact that vladmir putin has now given snowden temporary asylum. the president of course stating that he will not meet with putin during the g20 summit in sent. let's hear what jay carney said. >> he is not a dissident. he is not a whistle-blower. he is wanted on charges for the unauthorized public release of classified information. kelly: monica, based on that, the white house and the president are stating that they have a lot of uphill climb nothing do in terms of getting their relationship right with vladmir putin and russia. what do you think is going on behind the scenes? what does the president have to do to get tougher with russia. because they would like to see snowed snowed come back to this

country and face the -- >> will be in russia at least a year. there is a year of leeway to get snowden back to the u.s., to face what he will -- kelly: exactly. >> there are a whole range of issues we have to deal with russia. the president early on tried to extend an olive branch. he called it a reset with russia. remember, kelly, the cold war never ended. the russians are working behind the scenes with iran on their nuclear program. with syria, along with iran the prime sponsors of assad regime in syria which is slaughtering its own people. nuclear proliferation, other weapons proliferation and of course spying. kelly: don't forget north korea. >> north korea right. the russians and chinese drained edward snowden, and interrogated him. they have all the information that snowden has. certainly the president has his work cut out with him with regards to russia. he should be under no illusions this is russia. this is how they behave. kelly: what would you, you were

there and at today's briefing at 3:00, what would you ask him. >> so many questions i could probably eat up the whole hour myself. new questions about the terror alert and as you and jenna reported we're evacuating diplomatic personnel from lahore from pakistan because of specific threats. this president last year during the campaign you claimed that al qaeda was decimated and on the run. do you still believe that? if so, then why do you need such a massive nsa domestic spying program and why are you closing our embassies and consulates around the world if they are really so decimated. that would be the first question. kelly: what do you think the message has been so far from the white house as it relates to the terror threat and al qaeda being quote, unquote, on the run? >> i think the president has a political problem. as i mentioned last year he clade made all the claims about al qaeda being decimated an on the run and clearly it is not. he has a political problem and national security problem because of those claims. we're living in a post-usama bin

laden world but not living in a post-al qaeda world. the problem with the president is to try to square that circle because claims he himself and his administration made about al qaeda. kelly: we'll see what unfolds this afternoon as the president goes to the podium for a news briefing with white house correspondents that will ask him at love tough questions. as you mentioned, jay leno did the same thing. maybe not as tough as the white house bureau. >> don't forget, obamacare. is he willing to shut down the government in order to get his funding for obamacare? it would be -- kelly: five-week recess. they should stay on capitol hill to get the job done. >> i prefer when they're on vacation and not trying to help us, kelly. kelly: monica. we thank you for that. >> a pleasure. thank you. kelly: jenna? jenna: kelly, thank you very much. we look forward to the press conference again, 3:00 p.m. eastern time. meantime a fox news alert on the manhunt for a missing teenager and a murder suspect. the search now in its sixth day stretching up and down the west coast. cops revealing james dimaggio may have rigged his car with

booby traps. they believe he kidnapped 16-year-old hannah anderson earlier this week after leaving her mother and possibly her little brother dead in his torched home. will carr has been following the story since it began. he is live in los angeles. this is new information today. why do police think he has homemade explosives? >> reporter: jenna, i want to start off by he telling you there are amber alerts in almost half a dozen states right now and that the authorities are also looking for him in mexico and canada. they also think that he's an avid camper. so he could be camping in the middle of nowhere in some very isolated areas. police also want to you keep an eye out for his car that blue nissan versa we've been telling you about. like you just mentioned they potentially believe he has homemade devices in there, homemade bombs in that car. so they're asking for anybody who sees the car to call 911 if they do see that car. because arson investigators believe that dimaggio actually

caught his house on fire sunday using homemade bombs. they also want to point out they say that fire started on sunday. they think that he had a 24-hour head start. they didn't realize he was a suspect until monday. so he had enough time to get out on the run to end up wherever he is right now, jenna. jenna: such a scary, such a sad story too, will as we watch the footage on that home burning. have they identified bottomed different the child that was found inside that home? >> reporter: you know, so far they have not. they're actually waiting on dna results to see if it is indeed hannah's brother, 8-year-old ethan. also hand gnaw's grandparents told a local newspaper in san diego they believe this was premeditated. they say that dimaggio invited the family over. told them that his home was foreclosed on. that he was moving to texas and that he just wanted to say good-bye. family members say that is the last time they heard from hannah

and her brother and her mother. more and more friend say hannah was creeped out by dimaggio, saying he was infatuated by her. her father says while they're waiting on dna results and hoping hannah is okay and he is still trying to absorb everything that has happened in the last week. >> i believe the hardest thing emotionally is still to come when i have to go and start, cleaning out their apartments and rooms. >> reporter: "the l.a. times" is now reporting that hannah's mom may have died from a blunt force trauma. and they say she could have been killed with a crowbar before that home was ever set on fire. jenna. jenna: our hearts go out to that father. will, thank you very much. >> reporter: thank you. kelly: reports that actress amanda bynes could be headed back to court. she has been held in a psychiatric hospital after some bizarre behavior. what a she plans to ask a judge now. and another court case buys

toyota back in the hot seat or puts toyota back in the hot seat i should say. a family claims their loved one got killed when her accelerator got stuck, bringing tragedies of people killed in other situations caught on this 911 call which cause the problem to light. >> going 120 in mission george. we're in trouble. there are no brakes. we're approaching a intersection. hold on. brake. other. oh. >> hello.

jenna: a fox news alert and a heightened terror alert around the world as we have been reporting to you over the last 10 days or so and big news out of paris, france, as we're learning from reuters that the i've fell tower has been evacuated after a bomb threat. apparently this happened earlier today. and the entire iconic symbol in

paris has been evacuated. just a single report from one police official to reuters talking about the having wakes and considering environment of news we're in right now, we wanted to tell you about it. as we learn more we will bring you those developments. kelly: new pictures of a fire burning at a trucking facility outside cleveland in copley, ohio, about 28 children were evacuated from the kids academy of copley friday morning because of a nearby fire that prompted fears of chemical exposure. the fire broke out at the roadway terminal, a trucking company. according to the director of the day care, the students were being taken to copley high school where they may be picked up by their parents. it was not immediately known how many other people were being evacuated. more as we get it and we'll bring it to you. jenna: right now toyota is trying to defend itself in a new lawsuit. the company has dealt with

hundreds of lawsuits involving stuck accelerators. what could be a landmark cases underway in california this controversial when the story first broke a lost questions about it. harris faulkner with the details from our breaking newsdesk. >> the family suing toyota lost their 66-year-old wife and mom. she ran a family business with her husband. the attorney representing the family said they believe and they can show what happened six months ago. that the gas pedal didn't just stick. and this is him demonstrating it in court yesterday. it completely accelerated to the floor. her hand brake pulled up but the car still wouldn't stop, turning it into what he called a deathtrap. she was seen traveling 100 miles an hour trapped inside the karzai rocketing out of control. she hit a curb. the vehicle then rolled over, hit a true and of course that killed her. the family is filing a wrongful death lawsuit. they claim toyota received

hundreds of claims of sudden acceleration on generation 6 camry which she was driving, dating back nearly a decade. here's the woman's son. >> asked strange questions about my mom's car. they ultimately told me that, i'm sorry, your mom has been involved in a serious car accident. she didn't make it. looked like toyota knew there was something wrong with it. they just didn't say anything. >> install a break override system so that we don't have a repeat of these types of incidents. >> so you hear the attorney there, saying what hopes the company will do. that they will recall these vehicles an fix them. toyota argues that this was a case of driver error. but toyota motor car as you may know has battled hundred of lawsuits in recent years related to sudden acceleration. jenna, you played that 911 call from one of those cases. by the way toyota today is dealing with another problem the corporation is recalling 342,000

tacoma trucks to repair an issue with seatbelts. back to you. jenna: i remember when the story first broke about the sudden acceleration there was question whether the floor mats weren't fitting right. >> like they were sticking underneath. jenna: this will be very interesting to see what happens with this case. as you mention, a landmark case. harris, thank you very much. >> sure. kelly: new information on the irs scandal. the agency is still targeting tea party groups three months after we first learned about the controversy. that is what came out of a closed-door hearing on capitol hill yesterday. irs agent telling lawmakers requests for special tax status from conservative groups go into a special secondary screening because no new guidance has been given on how to judge the groups. well chief congressional correspondent mike emanuel is live in washington with more details on this. mike, this is startling to a lot of people out there. what more do we know about the latest revelations coming out about the irs?

>> reporter: kelly, good morning that irs agent told sveltetores from the house ways and means committee if the tea party group paperwork came in he would send the application for secondary screening. he says that the is guide distance from his current manager which house ways and means manager dave camp calls outrageous. the fact that the irs still continues to treat the tea party differently and subject them to additional target something outrageous and must stop immediately. i spoke with a key gop senator a few moments ago who offered this reaction. >> this is an outrage. it shows that the allegation that this practice had been discontinued is false and it bears more investigation. i hope the mainstream media will continue to follow up on this too because the american people need to get to the truth. >> reporter: i reached out to the irs for comment via email and phone. we expect we will get it shortly but they told the publication, "the hill," irs policy is now

clear screen something based on activity, not words and the name. kelly. kelly: irs still under a lot of scrutiny. we'll be right back. [ female announcer ] we love when summer gets hot... but the instant frizz? not so much. so i'm taking pantene's 72-hour dare. [ female announcer ] beat humidity for a smooth 72 hours. get pantene smooth with moroccan argan oil in a pro-v system. help lock out humidity. keep frizz from forming. go 72-hour smooth.

[ eva ] ditch the frizz... i dare you. [ female announcer ] get smooth from pantene, the world's no. 1 haircare brand. hair so healthy it shines.

jenna: right now some new questions about our privacy as two major secure email service providers shut down entirely over the last 24 hours. one of them is called, lava bit. it's a service reportedly used by nsa leaker edward snowden to communicate over email without surveilance the company announces its suspension saying it could not legally explain why but it didn't want to be complicit in crimes against the american people. that is their quote. that may be of interest to investigators looking into snowden's leak. after that announcement another company did almost the same thing. silent circle, shutting its

email service as a protected measure and destroying its own servers. the closures are raising some new concerns that even if email is encrypted, the government can still get to them. judge andrew napolitano, fox news senior judicial analyst is joining us. i want to share with you, judge, what the owner of lava bit had to say in an open letter if anyone is interested. he said, this experience has taught me one very important lesson. without congressional action or a strong judicial precedent i would strongly recommend against anyone trusting their private data to a company with physical ties to the united states. what do you make of that? >> well to a company with physical ties to the united states, meaning that the united states government will come knocking on the door of computer servers to say you have an obligation to help us out and if you don't help us out we'll get court orders requiring you to help us out. even if you believe the service provider, even those court

orders would be up down constitutional in my view and view of many of us who follow it they were at least the one edward snowden revealed, then you have no choice but to shut down because the failure to comply with a valid, even though illegal and unconstitutional, valid, signed by a real judge, court order could subject you to punishment yourself so -- jenna: what are they getting, judge? we can't even talk about what happened. >> the government must have come knocking saying we want to hook into your system so that we can access the people who are using you, thinking they are immune from our access. and the server said, forget about it. and the government said, well then, we'll shut you down. and server said, this is my hypothecating, i don't know. i will tell you why he can't tell us in a minute. server said forget about it, we'll shut down and we will destroy our record. we believe if we let you hook into our servers we'll violate

fundamental american principle even though you have a court order telling us to do it. jenna: this is a federal offense if i send awe letter and someone opens letter, and start reading it. >> the federal offense even if opener is a federal age joint that is very basic example, is this a example how the law hasn't caught up to the technology? it seems more safer for me to send you a letter than email because someone could be watching and listening. >> here is what the law has done, the patriot act, the original patriot act in 2001. various amendments taken it into other areas. authorized federal agents to write their own search warrants for third party providers. so a federal agent couldn't come knocking on your door with his search warrant authorizing himself to search your house but could come knocking on your computer server or doctor or lawyer. this self-written search warrant, they call a national

security letter, on the server they say it is federal crime for you to tell anyone who received it. that is why he is saying i can't tell you what happened to me. jenna: we have only a minute left. some say the effect of this, u.s. companies based here are doing encrypted service will move offshore. they will be out of reach. different domains and not access them from the government as easily. that is one effect. we have to bring in the other story from this week as well. we have a worldwide closing of our embassies overseas because of some sort of correspondence between our enemies and that is used as validation, what we've heard, as a reason why these programs have to exist. so how do we take in these stories together? >> the government quite prudently decided to shut down the embassies because it learned from sources in yemen of real grave -- jenna: that's what we say but we're also hearing, judge, there is something bigger going on that we don't really know about. >> in a babe bean peninsula. here is the question for the

president this afternoon. why do you have to get every email and every text message and every phone call of 300 million innocent americans in order to capture bad guys on the arabian peninsula? why do you have have to have in your poe possession the entire haystack in order to get a few needles. i would like to hear him answer that. jenna: we'll see if he does. 3:00 p.m. eastern time. thank you, judge. >> pleasure,. jenna: kelly. kelly: a story we shared with you about the i've fell tower being evacuated after a bomb threat. the all-clear has now been given. the iconic tower which sees some 30,000 people a day has been opened after a two-hour bomb threat square. apparent murderer coming clean on facebook. a florida man taking to social media posting a pick sure of his -- picture of his dead wife. a chilling story ahead. a man accused of leading a boston gang, ordering murders

and extorting money should spend the rest of his life. the charges and the evidence, they're weighing in on that as they make their decision. [ man ] look how beautiful it is. ♪ honey, we need to talk. we do? i took the trash out. i know. and thank you so much for that. i think we should get a medicare supplement insurance plan. right now?

[ male announcer ] whether you're new to medicare or not, you may know it only covers about 80% of your part b medical expenses. it's up to you to pay the difference. so think about an aarp medicare supplement insurance plan, insured by unitedhealthcare insurance company. like all standardized medicare supplement insurance plans, they help cover some of what medicare doesn't pay. i did a little research. with a medicare supplement plan, you'll be able to stay with your doctor. oh, you know, i love that guy. mm-hmm. [ male announcer ] these types of plans let you visit any doctor or hospital that accepts medicare patients. and there are no networks. is this a one-size-fits-all kind of thing? no. there are lots of plan options. it all depends on what we need and how much we want to spend. [ male announcer ] call now to request your free decision guide. it could help you find an aarp medicare supplement plan that's right for you. what happens when we travel? the plans go with us. anywhere in the country. i like that. you know what else?

unitedhealthcare insurance company has years and years of experience. what do you say? ♪ i'm in. [ male announcer ] join the millions already enrolled in the only medicare supplement insurance plans endorsed by aarp. remember, all medicare supplement plans help cover some of what medicare doesn't pay and could really save you in out-of-pocket medical costs. you'll be able to choose your own doctor or hospital as long as they accept medicare patients. and with these plans, there could be low or no copays. you do your push-ups today? prepare to be amazed. [ male announcer ] don't wait. call today to request your free decision guide and find the aarp medicare supplement plan to go the distance with you. go long. [ susan ] i hate that the reason we're always stopping is because i have to go to the bathroom. and when we're sitting in traffic, i worry i'll have an accident. be right back.

so today, i'm finally going to talk to my doctor about overactive bladder symptoms. [ female announcer ] know that gotta go feeling? ask your doctor about prescription toviaz. one toviaz pill a day significantly reduces sudden urges and accidents for 24 hours. if you have certain stomach problems or glaucoma, or cannot empty your bladder, you should not take toviaz. get emergency medical help right away if your face, lips, throat or tongue swells. toviaz can cause blurred vision, dizziness, drowsiness, and dreased sweating. do not drive, operate machinery or do unsafe tasks until you know how toviaz affects you. the most common side effects are dry mouth and constipation. [ susan ] today, i'm visiting my son without visiting every single bathroom. [ female announcer ] today, talk to your doctor about toviaz. jenna: some breaking developments this morning in a bizarre murder case out of florida. police say the suspect turned himself in, confessing that he shot his wife dead. then posted a chilling photo of her body on facebook.

phil keating is live in miami with more on this so, phil, a very violent crime. and then we have social media worked in here. what went on? what is going on here? >> reporter: well that gruesome, photo, jenna, apparently taken by derek medina after he shot and killed his wife, general foreal fon so, photo showing her bloody and crumpled on the floor, forwarded 100 sometimes on social media before facebook got wind of it and removed the page from the internet. medina is charged with first-degree murder after what he claims was a violent domestic fight at home involving his wife, jennifer alfonso. ordering to the arrest affidavit she was shot multiple times. medina's shocking facebook photo graphically proved that. this postings on medina's home facebook page, i'm going to prison or death sentence for killing my wife. love you guys. miss you guys. takes care. facebook people you will see me in the news. my wife was punching me and i

will not stand anymore with the abuse. i did what i did. i hope you understand me. medina and al fon so were married four years ago. after that they divorced but then they remarried and were cohabitating. jenna: medina is in court some point today? >> reporter: he is. we're still awaiting the first appearance. he is in custody charged with first-degree murder. here is a mug shot after he voluntarily turned himself in late yesterday evening. on social media, he posted prolifically, posting six online books and one about relationship advice. here is one with his pistol. with his marriage problems, singing along with the song, ain't no sunshine when she's gone. during the fight disturbing her 10-year-old daughter from a previous relationship was upstairs in her room throughout it all. >> just said that, his wife

picked up a knife on him. they had a big fight and he shot her. >> reporter: that was derek medina, sr., the father, his son is in jail for first-degree murder. it appears medina is seth the stage for a self-defense claim in this very bizarre miami murder threaded so heavily with social media. jenna? jenna: wow, phil, thank you. kelly: happening right now, day four of jury deliberations in the whitey bulger raketeering trial underway. the mob boss is accused of having a hand in 19 murders and dozens of extortion and money laundering schemes going back to the '70s and the '80s. even if convicted on a few of these charges bulger will likely spend the rest of his life in prison. he is 84 years old.

jonna spilbor, criminal defense attorney and former practices tore and ashley merchant, criminal defense attorney. they join us with insights why do you think it is taking so long for the jury to come to a verdict? is this a surprise to you? ashley? >> no, it is not a surprise at all because this is is a very complex case. it is a very detailed indictment. there are a lost charges. the jury has to spend their time and take their time going through each and every charge that the government proved elements of every charge beyond a reasonable doubt. they just can't think he is guilty so they will vote guilty. they have to go through a lost elements in the case. kelly: it is a lot to weigh but jonna, judge casper said to the jury yesterday, quote, you have a duty to attempt to reach agreement on each of the raketeering acts if you can do so conscientiously. she is trying to get them to get to a verdict rather quickly. >> she was trying to make it a little easier for the jury to come to a verdict.

then she sort of had to backtrack, you have to come to an agreement on each and every count if you can. the truth of the matter he is charged with so much and this is so confusing to a jury, if they pick and choose what they want to convict him of and don't convict him of the bulk he will go away of rest of his life. at 84, they could convict him of jaywalking and he will do time for the rest of his life. kelly: the 19 murders and raketeering and extortion and criminality of being involved in so many of these crimes, and he didn't take the stand. what do you think the jury is actually trying to process as they go through this? they also asked to see the machine gun that was used in one of these crimes. did that give you any kind of a warning light what they might be thinking? >> you know, i think that they're trying to make sure that the government has proved every element and i think this really goes more towards appeal. i think "whitey" bulger's

attorneys are probably planning appealing this. the judge wants to make sure they have a definitive verdict on each and every count so there is no way on appeal you could say, maybe the jury didn't understand that and maybe there was confusion on that count and come back when they appeal it, oh, we need a new trial because the jury was clearly confused on certain elements of certain parts of the case. kelly: jonna, what do you think prosecutors are thinking at this point in time? >> i don't think they're thinking they have a slam-dunk because look a lot of this evidence is 30 and 40 years old and, the bulk of evidence came from other criminals who are getting trotted out in orange jumpsuits because they're just as guilty. the jury has to decide do we want to believe these other crooks an criminals to convict this guy? so it is not a slam dung but with so much there you know they're going to come back with something. maybe not the top counts. maybe not even more than half but they're going to come back with some guilty verdict. kelly: as you indicated it does mud did waters. you realize a lot of testimony came from people who have committed crimes themselves and now they're pointing the finger

at "whitey" bulger. now the jurors who have quite a task at hand hearing very dramatic testimony, any prediction from either of you. >> he is going down. definitely going down on something. i think it might be a split verdict. it is hard when the state, the government brings liars and said they're telling the truth on the stand. it is always a hard case. kelly: we'll have to leave it there, jonna spilbor, ashley merchant, thank you for sharing your insights on this trial. >> thank you. kelly: jenna? jenna: the president is getting ready to hold his first solo news conference since april taking questions on the country's most pressing issues. we would like to know what you want to ask him. send an e-mail at happening now@foxnews.com or send a tweet at happening now. we'll look at important part of american history from inside the white house a new movie coming out with a unique perspective on eight administrations seen through the eyes of the butler. >> we have no tolerance for politics at the white house.

>> i'm cecil gains. i'm the new butler. >> you hear nothing, we see nothing. you only serve. >> you know he got that job himself. the white house called him. he didn't call the white house. >> i want to get all the story. >> i don't know how many stories you're going to hear because they swore him to some kind of a see credit code.

>> he will kill you. >> it's like prison. >> get the hell out of here. >> i didn't know you are a hero. ♪ >> everything you are, everything you have, is because of that butler. jenna: probably recognize a few

of those faces. kelly: a few. jenna: right? that's a new film based on uniquely american story coming out next week giving as you fascinating look at the white house through a remarkable time in our nation's history. this story is based on the real life of eugene allen. he's a butler who served eight presidents as they came, led and lived their lives at 1600 pennsylvania avenue. from harry truman to ronald reagan, allen played an incredible role behind the scenes. this is based on a new book by author, will hagood he wrote "the butler," witness to history. a staff writer for "washington post." we're lucky to have him here with us today. thank you for joining us and for preserving this story. if you hadn't found him, if you hadn't found eugene it might have been lost. i would love to hear, how did you find eugene allen? >> in 2008 i was a reporter with

"the washington post." i still am and i was covering the obama campaign and i was in north carolina at a rally. i came outside and there were three young ladies, they were crying. they happen to have been white. they were crying because their fathers did not want them to support this african-american candidate. it was very powerful and i thought right then and there, obama would win. he was down 10 points and hillary clinton was still in the race. so, i decided to find somebody in african-american who worked in the white house best civil rights bills of the 1960s were passed. i started using all my sources and called all around the country and, eventually tracked down this unknown white house butler. kelly: what can you tell us about this unknown white house butler who is going to become very well-known now? >> yeah.

he came from the south. he was born on a southern plantation in virginia in 1919. worked from 1952 to 1986 at the white house. started out washing dishes and rose to the top position, maitre d'. loved his country. was married to his wife, helene, for 65 years. kelly: wow. >> two days after i talked to them, three days after i talked to them, the day before the 2008 election, she died. it was heartbreaking for his family and their only son charles. he went to vote all by himself and of course as we all know what happened. this nation elected its first african-american president. it was a very powerful moment because he got an invitation, me, him and his son and his son's wife, to see the

swearing-in on january 20th, 2009. and, it was very, very moving to escort him to his seat. kelly: fascinating. >> so, now this movie has come out and it's documenting, it's not exactly eugene allen's life. it is based loosely on it. although you said yourself, will, it is kind of a mix what you learned from eugene allen and creative licenses as well-taken through this. what do you say? you've seen the movie. you were there. is there anything you want our viewers to know, a particular story for example, that eugene told you that we won't get to see in the movie that shows a lot about who he is and who he was? >> yes. here's the, the day after john f. kennedy was assassinated, mr. allen noticed that all of the children in the white house were very sad. and he wanted to bring smiles to

their faces. he thought very quickly on his feet and cale up with the idea to have a birthday party. it was nobody's birthday but he wanted some cakes made. and some candles and toys and some gifts. all of sudden the children were so happy and they started laughing again. and i think that's a special testament to him and his life. later, he was, he was invited to a state dinner by first lady nancy reagan. so you can imagine, he and his wife, that is like, a cinderella moment. he is a bullet letter and now going to a state dinner as a guest. kelly: there is a lot americans can learn about this butler who is going to become widely known, particularly the backstory of how presidents embraced him and he embraced presidents and helped change the makeup how we in this country have lived.

we thank you, we'll be right back. wil. >> thank you. 900 million dollar changing hands online. that's why hp built a new kind of server. one that's 80% smaller. uses 89% less energy. and costs 77% less. it's called hp moonshot. and it's giving the internet the room it needs to grow. this&is gonna be big. hp moonshot. it's time to build a better enterprise. together.

jenna: very costly problems in this country. many farmers in the south are losing a good portion of their crops. in fact georgia agriculture officials are predicting losses could reach billions of dollars. that means shopping in the produce aisle could get more expensive. jonathan serrie is live from the georgia state farmers market. jonathan. >> reporter: hi, jenna. this section is for georgia growers. ordinarily there is hustle and bustle this time of year and this time of day. as you can see in between the produce stands there are vast open spaces. there is simply less produce to sell and that is affecting farmers that grow it. it is a costly end to a

frustrating summer in the fields. >> i would be safe to say we lost 75% of our crop. >> reporter: hundreds of acres of watermelons plowedded under. they're water logged and diseased and unfit for market. fate sealed by too much rain. >> several times we would get four or five inches of rain at one time. there is not enough time for rain to spoke through the dirt or run off the fields. its kind of collecting. >> reporter: the bulk of rain came late spring, early summer, critical months for farmers. >> wet, rain any weather cost us a lot of plants this season. that is primarily the thing i'm dealing with this year because of excessive rainfall. >> reporter: corn, cotton, wheat, tomatoes, peanuts and peas is also suffering. what isn't harvested is dieing on the vine. >> it is extremely hard. i heard of some fields that have been completely wiped out. i know some growers have experienced very severe losses. >> reporter: it is an ironic

turn for a region more accustomed to droughts, literally praying for rain a few years ago but many farmers say they would take too dry over too wet any day you. >> can irrigate and put water down if you have to. but you can't take water out. >> reporter: in addition to struggling farmers all this is hurting consumers. prices of certain fruits and vegetables are going up and some produce is very hard to find these days. jenna. jenna: very interesting story, jonathan. thank you. kelly: this hour we've been asking you what you would like to ask president obama if you could attend today's news conference at the white house. so far a lot of questions about benghazi. susan rainy, for example, wants to know if an international agreement prevented us from entering benghazi. janet doyle treated asking, did you grant or withold cross-border authority on the night of 9/11 -- 2012 when calls for help came from benghazi?

harley smith, jr. tweeting on leno you said al qaeda was on its heels in pakistan. so why now do we need to abandon embassieses? thanks for your questions. keep them coming in. we'll be right back. nity sales t and choose from one of five lexus hybrids that's right for you, including the lexus es and ct hybrids. ♪ this is the pursuit of perfection.

that's a good thing, but it doesn't cover everything. only about 80% of your part b medical expenses. the rest is up to you. so consider an aarp medicare supplement insurance plan, insured by unitedhealthcare insurance company. like all standardized medicare supplement plans, they help save you up to thousands in out-of-pocket costs. call today to request a free decision guide. with these types of plans, you'll be able to visit any doctor or hospital that accepts medicare patients... plus, there are no networks, and you'll never need a referral to see a specialist. join the millions who have already enrolled in the only medicare supplement insurance plans endorsed by aarp... and provided by unitedhealthcare insurance company,

which has over 30 years of experience behind it. with all the good years ahead, look for the experience and commitment to go the distance with you. call now to request your free decision guide.

jenna: brand new stories and breaking news this hour including a raging wildfire intensifying, spreading to 16,000 acres as firefighters struggle to gain control. also back in d.c. the clock is ticking at the white house as we wait for the president to hold a news conference. reporters have lots of questions before he heads off on vacation. national security, the struggling economy, relations with russia, you know all these big topics. also, a i new law that lets school kids use whichever bathroom or locker room they want, boys or girls. what's that all about? it's all "happening now." and a raging inferno ripping through a mountain range in southern california, forcing nearly 2,000 people to seek

safely. a big, big story out on our west coast. welcome to a brand new hour of "happening now," i'm jenna lee. kelly: and i'm kelly wright. always good to be with you. there are more than a dozen active wildfires in various sizes throughout california. one is the sharp fire. now, that's in angeles national park burning near the town of wrightwood in steep, inaccessible terrain with heavy timber there which is a lot of fuel. 25 homes so far are under mandatory evacuation. and be a much bigger fire of concern is the silver fire covering some 25 square miles. the flames there threatening five towns as well, destroying at least 26 homes so far and forcing many homeowners to leave everything behind. >> that's home. that's where we live. [laughter] >> he's saying we got out alive, and that's the important thing. jenna: dominicty any halley --

di-natale is live in snow creek, california. we understand there are some conditions that firefighters are really dealing with today. what's the latest from there? >> reporter: well, it's the increasing winds we're getting coming in north by northwest. this wind so strong that it's going to be pushing the fire much further than fire crews were predicting this time yesterday. winds picking up at about 25 miles, 26 miles per hour now, gusts coming in a bit stronger than that. we're seeing that parts of the fire moving as much as 13 and a half yards forward per minute. that is fast for a fire. and firefighters have been telling me that they haven't seen a fire move this quickly so far this season. could be one of the fastest fires they've actually seen. here at snow creek where we're expecting the village that's under voluntary evacuation at the moment to possibly be hit by the flames later on for the fire coming round the ridge behind us. but really the focus is, actually, the wind. and they're looking at what might happen to air support later on in the days because helicopters might not be able to deal with these wind conditions.

>> i clocked it at 26 miles an hour when we first got in here, and you can imagine now with 40-pound packs trying to maneuver hose, with all their crews on the side of this rocky terrain, you can imagine it's a lot tougher, and you exert a lot more energy, so i think the crews will be a little more tired than they normally are. >> reporter: now, if the helicopters can't actually lift off, that means the areas that they would be covering where the fire crews can't reach, that land is going to be completely consumed by the flames. so the 16,000 acres we have at the moment is probably going to expand, possibly substantially, during the course of the day. now it's 25% containment at the moment. is that going to remain at that level? well, yesterday fire, cal fire was saying we're not sure that that proportion is going to be maintained, and that was without them predicting what was going to happen with the wind. so it's a complete unknown for today, but most certainly the fire's going to get worse. jenna, back to you. jenna: we can hear the wind in your microphone as well, dominic, so get an understanding

of just how much of a factor that is. dominic, thank you very much. kelly: a fox news alert on a new terror warning overseas, the state department telling americans not to travel to pakistan. and ordering nonessential government personnel to leave the consulate in lahore because of a, quote, specific threat. this as a recent al-qaeda threat has forced the closures of our u.s. diplomatic posts across the middle east and north africa. national security correspondent jennifer griffin is live now at the pentagon. so, jennifer, you know, we're looking at in the new threat, is this related to the terror threat that we know about so far which led to the closure of the 19 embassies? >> reporter: well, not according to u.s. state department officials, kelly. they issued the following statement. quote: >> r eporter: the state department

says this is a separate threat from the one that led to the closure of the 19 u.s. diplomatic missions across the middle east and consulates. they say it is a specific threat. the u.s. embassy and consulates in pakistan were not a part of that previous alert. the u.s. consulate personnel will move temporarily to the embassy in islamabad where there is greater security, and the state department issued a warning yesterday urging americans not to travel to pakistan right now, kelly. kelly: so, jennifer, if it's not part of the broader threat that we know of, why do u.s. officials think that the lahore consulate could be an actual target? >> reporter: well, they say that they have new intelligence suggesting al-qaeda and its offshoots are looking for additional soft targets where americans congregate. remember, iowa man al-zawahiri is believed to be hiding in pakistan, and perhaps most importantly on july 30th in northwest pakistan there was a large prison break. taliban fighters disguised as

police and armed with bombs broke 250 prisoners out of a pakistani jail. in light of the holiday and end of ramadan, u.s. officials are taking this added precaution, moving nonessential personnel out of the u.s. consulate in lahore. kelly? kelly: and, jennifer, something key that you said in your reporting there is soft targets. we know that al-qaeda is definitely looking for attacking soft targets. jennifer griffin reporting from our pentagon to the, thanks, jennifer. jenna: the news conference at the white house this afternoon, it will be the president's first solo news conference since april, and the president will likely face a host of questions, including that about what's going on in pakistan, the recent terror threats and the decision to cancel a meeting with russian president vladimir putin. there's a lot to talk about today. wen dell goler is live from the ite house with more. wendell? >> reporter: it's the president's first news conference since the u.s. began chasing nsa leaker edward snowden after he revealed the breadth of the spy agency's information gathering, and one of the early questions to the

president is likely why he canceled his summit meeting with russian president vladimir putin after saying he didn't want to damage u.s./russian relations over a 30-year-old hacker. secretary of state kerry and defense secretary chuck hagel are meeting are their russian counterparts right now. snowden is on the agenda, though officials said the talks wouldn't focus on him. the meeting had originally been scheduled to finalize the agenda for the now-canceled summit for iran, missile defense on the agenda. the president will also likely defend the nsa's data collection after reports that the spy agency tracks virtually all e-mail and text traffic coming into and going out of the country. the president told jay leno the u.s. is able to track e-mails and phone numbers that are known to be connected to terrorist threats, but it stores a much wider amount of traffic and some lawmakers are questioning the wisdom and the need for that. the president also likely to be asked about evacuating personnel from most of the u.s. embassies in the middle east following the threat of an al-qaeda attack.

the state department, as jennifer told us, added the consulate in lahore, pakistan, to the list today. officials won't give any details about the threat, but u.s. drone attacks have killed more than two dozen suspected al-qaeda fighters in yemen in the past two weeks. here's white house press secretary jay carney yesterday. >> we have information that is specific enough and credible enough to lead us to take the action we've taken in order to, out of an abundance of caution, insure the security of our personnel in a variety of countries serving abroad. >> reporter: the president's domestic agenda also likely to come up including his push for more spending than republicans say we can afford on job-creating investments and house republicans' reluctance to go along with a senate-passed bill on immigration reform. jenna? jenna: all this coming up three p.m. eastern time today. western dell, thank you very much. and we want to know what you'd like to ask the president if you were given a chance.

we're getting a lot of good questions, in fact, we're going to use a few of them in interviews this hour. send your tweets @happeningnow, and we might just read yours today. kelly: as the u.s. evacuates yet another consulate due to a new terror warning, some national security experiments are raising new concerns about the obama administration's failure to understand the threat from al-qaeda. we will take a look at this growing problem just ahead. plus, more heart-wrenching testimony in the court-martial of the army major accused of killing 13 people in fort hood, texas. a live report just ahead. ♪ ♪ you need a girls' weekend and you need it now. ladies, let's goo vegas. cute! waiter! girls' weekend here! priceline savings without the bidding.

kelly: dozens jurorred in new violencen the kashmir region between india and pakistan.

indian forces clashing with thousands of anti-india protesters. taking you to the streets after prayers. the protesters throwing stones, and police responding with tear gas and pellets. police there now enforcing a curfew to stop the violence. jenna: we see that violence come up in kashmir and that region off and on over the course of time, but one of our big stories today we really haven't seen very frequently at all. the state department ordering all nonessential government employees to evacuate our consulate in lahore, pakistan, due -- they say -- to a very specific threat. but u.s. officials insist the move is not related to those embassy closures across the middle east and north africa in the week. national security can experts are raising serious new concerns about this administration's failure to understand the threat coming from al-qaeda. in fact, the former fbi special agent who has interrogated terrors, wrote this in "the wall street journal" saying, quote:

jenna: it adapted. don bear rely is a former special assistant in charge with the joint terrorism task force, he also works withally on all of this. you've worked in pakistan. >> sure. i spent about nine months there after 9/11, and i've been to lahore. jenna: what do you make of this evacuation? >> well, i'm not privy to the information. it's hard to say. obviously, it's a serious threat, and the state department is taking it very seriously. to me, i hate the message that it sends, number one. every time we close an embassy or a consulate, it just seems like, okay, we're a bit running scared. and it also sends a bit of a message to the host government that says, you know, we don't believe that you can protect us. and i don't think that's kind to have the brand that we like. what i'd rather see is that we, you know, kind of bolster the security because terrorists and criminals will target facilities

that they think are weak. jenna: do you think that our enemies like what they're seeing? they like the fact that we're evacuating personnel? >> absolutely. they know that it costs money, it seems like we're, you know, now kind of operating from a position of weakness, and they'll take advantage of that. and even if nobody gets hurt or killed, which, god forbid, we don't want that to happen, but they still win kind of a moral victory. jenna: we've asked our viewers what they would like to ask our president, and one of our viewers said he would like to ask the president about what he said on jay leno earlier this week. he said for all the progress we've made getting usama bin laden, putting al-qaeda between afghanistan and pakistan back on its heels, that this radical violent extremism is still out there, and we've got to stay on top of it. so he said, the president said this week we have them back on our heels in pakistan. our viewer wanted to know how does he say that, and then we close a consulate in pakistan. how do you make sense of that? >> well, you have -- the

president's right in that if you look back at what al-qaeda was in 2001, it was, you know, this group of guys, the core group in pakistan. but al-qaeda has morphed. it's changed, it's adapted. their philosophies have adapted. they've become more decentralized. so groups like al-qaeda in the arabian peninsula have more autonomy and authority to plan and launch their own attacks, and we saw that this week with the threat that was, you know, quashed by the yemeni officials. jenna: in this post-bin laden era, a lot of what we've talked about is that decentralization of al-qaeda. but often times i think when we say that out loud, we think something becomes decentralized, it becomes weaker. and one of the things ali pointed out in his editorial is that the core may still be there. what do you think? >> these groups, the offshoots like aqap, aqim in northern africa, even in nigeria, these groups have adapted, and they've become very good at recruiting, and they'll take, for example,

local issues. they'll take young people that are disenfranchised, that don't have, you know, jobs and don't have the promise of a future and do things for them. they'll instill social programs, and they'll give them this ideology and also blame the west for all of their problems. it's a very strong recruiting tool. so while the central al-qaeda may be weakened, this ideology is growing, and it's growing not just in certain areas, but around the world. jenna: you are putting together, and your group is putting together a big report about the state of al-qaeda, and one of the things that you told us earlier is that you think the news over the last ten days about these embassy closings will become more frequent. why? >> if we don't do things to counter the narrative and help governments, local governments that, you know, have the wherewithal and the desire to do that, if we don't give them the tools to help counter the narrative such as social programs, you know, jobs,

education, even simple things like building a well to give a community water, these are the things that terrorist groups, they'll come in and do. they'll fill that vacuum and recruit, you know, hundreds more willing, you know, participants to go on jihad. jenna: we'd like to have you come back, because it brings up a whole host of other questions about resources and money and how do we do that and what's the right way. we hope you come back. >> i'd like to. jenna: thank you very much. kelly? kelly: and as jen in mentioned to you, president obama appearing on late night tv this week talking to a need yang about our nation's foreign policy. is he getting a pass from the mainstream media? our news watch panel weighs in the next. and as we await the president's news conference, our viewers are tweeting us the questions they would like to ask mr. obama. t paul 20 stays irs is not a phony scandal, why are you and doj and lois lerner continuing to block the investigation

before congress? and you can send your tweets to us at "happening now" or at jennafnc. we'll read some more throughout the hour. how mu protein does your dog food have? 18 percent? 20? new purina one true instinct has 30. active dogs crave nutrient-dense food. so we made purina one true instinct. learmore at purinaone.com bjorn earns unlimited rewas for his small business take theseags to room 12 please. [ garth ] bjors small busiss earns double miles on every purchase every day. produce delivery. [ bjorn ] just put it on my spark card.

[ garth why settle for less? ahh, oh! [ garth ] great businesses deserve limited reward here's your wake up call. [ male announcer ] get the spark business card from capital one and earn unlimited rewards. choose double miles or 2% cash back on every purchase every day. what's in your wallet? [ crows ] now where's the snooze button? but with advair, i'm breathing better. so now i can help make this a great block party. ♪ [ male announce ] advair is clinically proven to help significantly improve lung function. unlike most copd medications, advair contains both an anti-inflammatory and a long-acting bronchodilator working together to help improve your lung function all day. advair won't replace fast-acting inhalers for sudden symptoms and should not bused more than twice a day. people with copd taking advair may have a higher chance of pneumonia. advair may incrse your risk of osteoporosis some eye prlems. tell your doctor if you have a heart condition or high blood pressure before taking advair.

ask your doctor if including advair could help improve your lung function. [ male announcer ] advair diskus fluticasone propionate and salmeterol inhalation powder. get your first prescription free and save on refills at advaircopd.com.

kelly: well, right now white house reporters are waiting for their first chance in a while to ask president obama some questions on some very pressing issues. but they won't be the first ones to ask. you see, the president let jay leno in on a treat, beating them to punchline and appearing earlier this week on the tonight show, a much friendlier forum, allowing the president to actually play down the closure of embassies and consulates and rising tensions with russia. the christian christian sciencer

talking or at least taking note of this new low for the mainstream media, allowing the president to burnish his image while basically giving them a pass on foreign policy. here's a quote. his remarks seem to reflect a deliberate effort to actually avoid direct dialogue with the mainstream media on two topics at the forefront of the public discussion. judith miller, judy miller is a pulitzer prize-winning investigative reporter and author, ellen rattner is bureau chief for talk radio news services. they both weigh in right now. my contacts are really causing some trouble right now, but let's get right to the point. what seems to be causing president obama trouble is the fact that he has not spoken to the mainstream media to his own white house reporters who cover him on a daily basis. instead, he goes to late night talk with jay leno on "the tonight show." how did you feel when you saw

that, judy? >> look, it's anybody but the mainstream media. kelly: why? >> this is his sixth appearance on jay leno because it's going to be a softball interview, because jay leno is not up to speed. i love him, i love watching him, but he does not, he is not an expert on benghazi, he's not an expert on the terror threat, on relations with moscow, on any of the pressing issues that the white house press corps has been waiting to ask the president about and hasn't been permitted to do so. kelly: rush limbaugh said earlier this week that the president appearing on jay leno made the nation and the presidency look small. >> you know, other presidents have certainly done that, and and remember when vice president gore was talking about government reform, and he went on and broke an ashtray on one of the late night shows. this kind of thing is very, very common. it doesn't take away from the fact that mainstream media has been gone around, and the president has done a lot of media appearances w they've been -- but they've been local television people who are like in awe to be at the white house.

kelly: well, you say -- i understand you're relating it to other presidents, but this is a really serious topic, the fact that the nation is under a threat alert, and you have closed some 19 consulates, and you go on a late night talk show to talk about that. >> exactly. kelly: and you also talk about the nsa leaker, edward snowden. is that the proper forum? >> no, it's not. >> he'll be asked today by the press. kelly: i understand that. but does the media give him a pass for not coming to the white house press corps first or the american people for that matter saying, look, this is a very serious matter, we're dealing with it? >> he could have done either. he either could have had a press conference to begin with when he announced the terror alerts or someone from the white house did, and the president was there to answer questions and make people less anxious than they were, or he could have met with the white house press corps. he chose to do neither. and i'm sorry, ellen, other presidents have done this, but this president has made a habit, a pattern out of this. and i don't see why he has to,

because until recently the mainstream media haven't exactly been beating up on him. but i really agree with rush limbaugh. -- rarely agree with rush limbaugh, but this time i do. it diminishes the presidency, and it's not fair to the nation. >> i don't think it diminishes the presidency. i am a member of the white house press corps who wishes the president would be more available, would do less of these regional interviews and talk to us directly, talk to the radio people. he doesn't do that. they only call on the first two rows a lot, and i'm disappointed. i have to be honest about it. on the other hand, i don't think one is terribly related to the other. he needs to do both. kelly: ladies, thank you, judy and ellen. we'll be hearing from the president today at three, and we are asking you what question you would pose during today's news conference if you had the opportunity. and we're actually getting some great tweets from you. for example, one says she would

ask: kelly: and charlotte: would you rathero bowling with hillary or joe? keep your tweets coming at happeningnow. jenna: we'll get that at three p.m. some of those simple questions you learn a lot, right, kelly? [laughter] kelly: yeah, exactly. jenna: well, the fort hood shooting massacre is continuing today in texas. the actual case against the man on your screen there. defense counsel is assisting major nidal hasan. they say he's trying to secure his own death sentence by representing himself. how could this complicate efforts to win a death penalty conviction? but what is really justice here? i mean, that's the big question for this case. plus, the nsa leaking scandal, why it could cost more than 1,000 americans their jobs. an interesting twist and a unique story coming up next.

[ male announcer ] this is betsy. her long day of pick ups and drop offs begins with arthritis pain... and a choice. take up to 6 tylenol in a day or just 2 aleve for all day relief. all aboard. ♪

kelly: a plane crash strikes two homes in connecticut, at least two homes have been damaged from a plane crash in east haven. harris faulkner at the breaking news desk with more details. >> reporter: yeah, the human toll in this, kelly, is much more dire. we're getting some reports from the scene. you see an ambulance at the left of your screen in east haven where a stretcher has been seen to come out of one of those

homes. firefighters are on the roof of one burning house right now. this is east haven, connecticut. the mayor is at the scene. he and i have been in contact today. i can tell you that a twin engine turbo prop has hit those two homes. it was on approach to the tweed airport there. the tweed new haven airport in connecticut. as we learn more on the scene, we'll bring it to you. it left from teeter borrow airport in new jersey, so as we get word of what's happening on the ground if there are, in fact, injuries to go with the reports from witnesses of seeing a stretcher loaded loaded into t ambulance, we'll bring it to you. back to you. kelly: all right, harris, thank you. jenna: well, "happening now," more emotional and wrenching testimony in the court-martial of nidal hasan as survivors of the fort hood shooting massacre recall the horror of being shot and seeing bodies fall down all around them. the former army psychiatrist who's admitted opening fire at the texas army base back in

2009, he killed, he says, 13 people and wounded 30 others. i say that because innocent until proven guilty, and we've, of course, had four years to get to this point. casey steegal's live from fort hood, texas, with more on all of this. casey? >> reporter: yeah, jenna, what a week it has been, right? twists and turns as this court-martial has marched forward. hasan admits to carrying out this attack. remember, he wanted to plead guilty, but military law prohibits him from pleading guilty because this is a death penalty case. so the court had to enter a not guilty plea on his behalf. now, today we heard from four witnesses already bringing the total to 31 who have taken the stand as a dramatic first week of this court-martial moves forward. this morning every single person has told the court it was a drill, since many of them were about to deploy and many had been through similar training in the past. two witnesses were hit and said at first they believed they were

being shot with paintballs, but then as the pain got worse, they realized it wasn't red paint. one woman, captain brandy mason, fighting back tears when she was shown a picture of retired chief warrant officer michael cahill. he was working in that medical processing facility that november afternoon and was shot and killed after repeated witnesses he tried to charge hasan with a chair. all of the witnesses who have taken the stand and only two have been cross-examined by hasan himself since he is, of course, acting as his own attorney. we have talked about this all week. he has the ability to cross-examine other witnesses, but he's only chosen to do so with two, and that was on the first day when he briefly questioned a former supervisor of his and also a man he went to mosque with on the morning of these attacks. jenna? jenna: casey, thank you. kelly: well, for more on the

impact of the emotional testimony we are hear being what to make of court-appointed defense counsel saying hasan is bent on securing his own death sentence, ashley merchant is a criminal defense attorney. she joins us to weigh in on this. as you watch this first week of the court-martial of nidal hasan, some people still call him an army major, many can't bring themself to do that because of his heinous actions that he's confessed to doing, but when you watch this, what do you think is the likely outcome of this? is he actually trying to get himself into position to receive the death penalty? >> oh, i definitely think he's trying to get the death penalty. he is trying to be a martyr for his cause, and i think he's going to use this trial to further his cause and further what he's trying to portray and what he started that day four years ago. and i think that it's unfortunate that he's able to do that, but he is able to do it, and he's going to go through the process, and he's going to use every moment he's got in order to further his agenda. kelly: you know, ashley, because

of that his defense team, the defense attorneys have actually tried to step in to say to the judge let us take over. the judge has declined to do that. what do you think her action and response has been motivated by? >> you know, i've been in that exact same position, and i do not envy what the defense attorneys are going through. it's very difficult for everybody in the court process at stage. the judge has a duty to keep the trial process going along orderly and a duty to make sure hasan's constitutional rights are protected. she's got to make sure that the process moves and, therefore, they've got to have standby counsel. but the standby counsel is coming at odds with their own client, because it seems like the client wants the death penalty. the attorneys have a duty to protect tear client and, of course, they're trying to avoid the death penalty. so it's hard when you don't see eye coeye on important decisions with your client. it's a very difficult position. kelly: ashley, want to bring in jonna, a former prosecutor and also a criminal defense attorney

as well. jonna, what do you make of this as i was just asking ashley? it appears that nidal hasan is trying to set himself up to receive a death penalty. ashley basically states she believes he wants to be a martyr. >> yeah, absolutely. i think this court-martial is actually a joke. the moment that he got up and was allowed to represent himself even though he's got a constitutional right to do that, the moment he stood up and said, basically, i did it, i'm the shooter, i mean, case closed. what's going to end up happening, though, he wants to die, and he'll probably get convicted, and he probably will get the death penalty. but because he's representing himself and is incompetent, that's going to be overturned. i don't know why the prosecution isn't trying to just lock him up for life, take the death penalty off the table, let this guy plead to something and call it a day. kelly: in the meantime, jonna, there's the emotional and riveting testimony from people who actually watched this guy attack them, some of them, obviously, will never get over this and will remain forever

etched in their memory. what kind of cathartic feeling can they get from doing this? because they're not being served properly according to what's happening. they're just being treated as a workplace violence, not as an act of terror. many people are upset about that. >> and i don't blame them for being upset about that. this is not workplace violence, this is absolutely an act of terrorism. and now the victims who are alive are being reterrorrized because this guy, this monster gets to represent himself and face off against these people. the only saving grace is that from all reports he's really not asking too many questions or cross-examining the witnesses, he's just sort of looking down because he wants to lose. i say let's let him lose. kelly: all right, jonna, ashley, thank you both for your perspective on this. >> thank you. jenna: well, if -- the fallout from the nsa scandal hitting home for folks in pennsylvania. usis conducted the background check for nsa leaker edward

snowden and now, for obvious reasons, that group is coming under fire. and now more than 1,000 jobs in the pittsburgh area hang in the balance as this firm is under some further investigation. laura ingle's life from our new york city newsroom with more. >> reporter: jenna, roughly 1500 employees work for u.s. investigator services or usis in western pennsylvania. 700 in grove city and 800 in nearby iron mountain. the company has a $200 million contract with the u.s. government to conduct and review background checks, a contract it could lose if a federal investigation finds the company rushed background checks. usis refused to comment, but a former susis that did not want to be identified tells fox she was constantly pushed by her managers to get her work done fast, and when it was clear her bosses were getting the orders to speed things up. >> there'd be weeks that the supervisor would walk around all happy, you know, everything was fine, and then in the blink of

an eye, you know, they would come back to us and be like, okay, starting today it's three hours overtime, you know? they're hounding us, you know, they're breathing down our necks. we've got to get this work out to them. >> reporter: missouri senator claire mccaskill says if that's true, the government should yank the contract issuing this statement to fox: >> r eporter: concern for area jobs has touched both local and national leaders who hope there isn'a rush to judgment. >> nobody wants it to be perfect measure the usis -- more than the usis people. they understand the importance for the country and chair company. -- their company. >> reporter: a spokesperson tells fox she can't give an estimate how long a complicated case like this could take. jenna: laura, thank you. kelly: a worker shows up on the

job even after winning part of the $448 million powerball jackpot. jenna, are you believing this? they showed up for work? we'll hear from their supervisor. jenna: you know what? you've got to show up. kelly: i love that spirit. [laughter] all right. and a man from michigan swims 22 miles for charity, but that's not all. he joins us live with details on the unusual swimming accessory that could put him in the record books for a very long time. ♪ ♪ hey, the new guy is loaded with protein!

really? 25 grams of protein. what do we have? all four of us, together? 24. he's low fat, too, and has 5 grams of sugars. i'll believe it when i--- [ both ] oooooh... what's shakin'? [ female announcer ] as you get older, protein is an important part of staying active and strong. ensure high protein... fifty percent of your daily value of protein. low fat and five grams of sugars. see? he's a good egg. [ major nutrition ] ensure high protein... ensure! nutrition in charge! ♪ ♪ kelly: and we have a winner, make that 16 winners in all. a group of coworkers at a new jersey auto shop holding one of

three winning tickets for wednesday's $448 million powerball jackpot. supervisor jim pine says the employees are asking for privacy, as you can expect, as they prepare for a news conference next week. >> be i am to happy for these 16 people -- [inaudible] i knew right away, and, you know, we're a close knit family. we worked our way through and processed yesterday what we had to do, and they're all on cloud nine. kelly: the understanding is those 16 will split about, they'll get $3 million apiece, and a minnesota man is claiming his share of the prize, significantly larger. paul white opting for a lump sum of $58 million after taxes. the electrical contractor says -- did you see this guy, jenna? great guy. he will quit his job as soon as his current projects are finished. jenna: he said i've expected

this moment my entire life. kelly: he said that's our family financial planning. jenna: i love it. well, a long distance swimmer completing a grueling 22-mile swim, longer than the english channel, near the michigan/canada border. he did this for charity. and if that isn't enough, he did this -- ask you're going to see this in the video -- towing bricks behind him. because, you know, kelly, you need to add a couple things. this will possibly land him in the guinness world records books. jim dryer joins us now. so, jim, people do a lot more charity, you know? they put some pennies in the cup at the grocery store, they might do a walk on a sunday. why did you decide to swim all that way? >> yeah. this, obviously, is pretty unusual. but i've partnered with habitat for humanity of michigans michih is a cause that's near and dear to my heart and bricks are, obviously, very symbolic of

building. and, you know, nobody felt more economic pain in this country than the state of michigan and, of course, everybody's aware of the economic pain felt by the city of detroit, so finishing a swim there was also very symbolic. what we really wanted to show, number one, we're selling these bricks to help fund building projects, but there was also a message of hope we wanted to deliver, you know, that we don't have to sink with the weight of our burleds, you know? and if one man can pull a ton of bricks 22 miles, then what are we able to accomplish if we all pull together? i believe we will have the strength to pull ourselves out of this, and that was really the message that we delivered. jenna: it's such a powerful message, and it struck me as i was reading a little bit about you that most of the stories we do about detroit and about michigan are, as you mentioned, you know, they're negative because of what's going on right now with the economy. and you had an interesting interaction with a woman who traveled to see you at the end of this swim, jim. tell our viewers a little bit about that. >> this was the most special moment of the swim for me, you know?

in addition to media, there was a number of people from detroit that came out, and this one woman took me aside, and she just burst into tears, and she said, jim, the problem is detroit is not apathy, it's that we have lost hope. and when you lose hope, you die inside. and she said when i heard -- and she said she herself had lost hope. and when she had heard about me and my swim, she had to come out and see it. and then, you know, she started crying really hard, and she said today, jim, you restored my hope. and, you know, we embraced, and i told her, i said your words just inspired me as much as i've inspired you, you know? and i will never, ever forget that. and hopefully, that message was delivered to a lot of people, but if she's the only one that got it, the swim was worth it. kelly: jim, you are sending a message loud and clear because we are standing in the need of hope, and you have definitely shown that by swimming, and you've impressed us all, but more importantly, your heart and the reasons behind what you did not just for show, but actually to build hope brick by brick, if you will.

>> yeah, thank you. thank you. and i really hope that message hits home, because, you know, it's not the time to get up -- give up, it's the time to pull together. there's much that we can accomplish. and there's a lot of talk, and things have to start with talk. and this was my action -- jenna: sorry, jim, i've got to get this one thing in so viewers can fully understand what you did. we can all say 22 miles in 50-plus hours and pulling bricks, but you actually were scared to swim until fairly recently. i only have about a minute here, but can you just tell us about your personal story? >> yeah. when i was 3 years old, i nearly drowned at my family's cottage. my sister pulled me out of the water, saved my life. i try to remember to send her a birthday card every year, and open water was my biggest fear in life. i took beginner's swimming lessons at 32 figuring every other obstacle will seem that much smaller. two years later i swam across

lake michigan to set my first of what is now 17 world records. but when i start a swim, i always still feel that same fear that i felt when i was 3 when i look at the sandy bottom, and i couldn't reach it with my feet when i was a kid, and i couldn't breathe. i feel that same fear. but instead of being controlled by the fear, i've learned to control it. jenna: a lot of good messages there, jim. as someone that's a little nervous herself about swimming in open water, i found a lot of inspiration. i so many other questions for you, how did you sleep, how did you eat, and we're out of time, but i encourage our viewers to look you up, jim dreyer, for more of your inspiration. we look forward to your next adventure, so keep us in the loop. >> thank you so much. jenna: what'd you do today? oh, i just swam 2 miles -- 22 miles, no big deal. kelly: anytime. thanks, jim. in one state kids as young as 5 could soon choose which restroom to use, huh? depending on their gender

identity. but the new freedoms don't stop there. where this is happening and the problems critics say this new law will likely create.

♪ ♪ kelly: governor jerry brown signs the bill students as young as kindergarteners will be able to choose whether they would like to use the boys or girls' restrooms. based on their gender identity. adam houseley live from our san francisco bureau with more details about this. adam, what's this all about? >> reporter: well, kelly, it first passed the state assembly here in the state of california, now it sits on governor brown's desk and, basically, he has until tuesday. he can deny it and veto it, he can sign it into law, or he can let it sit, and it eventually becomes law.

it's calls a.b. 1266 and, basically, it claire fries existing law -- clarifies law about being permitted to participate in programs and facilities in accordance with their student's gender identity. they specify that as a person's internally deeply-rooted identification as male or female and not their biological identity. and they say it will help clarify the education code to make sure the school administrators and school systems comply here in california. those in favor of the bill say it'll help stop bulllying of transgender students. >> we recognize that this in some ways is groundbreaking legislation, and it's really an educational process for everybody, especially those who are less familiar with the fact of transgender people and transgender students. >> reporter: as you might imagine, there was some significant opposition here in california, but california is run by one party pretty much in sacramento, so it passed without much of a difficulty. but those opposed say we're

going too far with students and actually hurts the general population as a whole. they say that kids potentially could take advantage of this, and parents will have to start worrying about boys showering with girls and vice versa. >> it is irresponsible to have this kind of legislation that grotesquely violates the privacy rights and security interests and needs of students who are changing, who are using their bathrooms. >> reporter: now, a couple of notes here, this is a proposed state law, once again, and it would also include athletic teams and athletic facilities which has a lot of people up in arms, though most of the opposition had to do with changing and showering. there's also a federal possibility here as well, a federal issue because the justice department under the obama administration is now pressuring an arcadia school district in southern california because they want a girl who is anatomically female but identifies as a boy, they want her to be able to use the bathroom, shower and changing facilities assigned to her preferred sex rather than her biological sex.

so right now on the federal level that is also, kelly, having potentially an impact in california. kelly: all right, adam, thank you very much. more later. ill running in the morning? yeah. getting your vegetables every day? when i can. [ bop ] [ male announcer ] could've had a v8. two full servings of vegetables for only 50 delicious calories. let's say you pay your guy around 2% to manage your money. that's not much you think. except it's 2% every year. does that make a difference? search "cost of financial advisors" ouch. over time it really adds up. then go to e-trade and find out how much our advice costs. spoiler alert: it's low. really? yes, really. e-trade offers investment advice and guidance from dedicated, professional financial consultants.

it's guidance on your terms, not ours. that's how our system works. e-trade. less for us. more for you.